Stealey v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Now. James Gibson, Judge. (1) The passage of an ordinance by a municipality providing for the laying of a sidewalk on a street is a recognition by the city of the street as a public street of the city which it is bound to keep in repair. Hill v. Sedalia, 64 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Now. James Gibson, Judge. (1) The passage of an ordinance by a municipality providing for the laying of a sidewalk on a street is a recognition by the city of the street as a public street of the city which it is bound to keep in repair. Hill v. Sedalia, 64 Mo. App. 494; Byerlv v. Anamosa, 79 Iowa 204; Seymour v. Salamanca, 137 N. Y. 364. And this is true whether the highway was inside or outside the city limits, provided it was. not more than five miles outside. This is so because of the following statute in force at the time: R. S. 1889, sec. 7846. The…
1Opinion of the CourtBurgess, J.
— This is an action for ten thousand dollars damages (for which plaintiff, a minor, sues by her next friend), alleged to have been sustained by her on a plank sidewalk on a street in Kansas City.
The petition alleges that in the evening of July 9, 1898, the plaintiff, Lois Stealey, then a girl about fourteen years old, was walking with several other persons south upon a plank sidewalk on the west side of Denver avenue, when she stepped with her right foot into a'hole in the sidewalk, caused by a broken board, and received severe bodily injuries.
The answer was a general denial.
On the trial…
2Cases cited14 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Scovill v. ThayerSupreme Court of the United States · 1882
- Reardon v. St. Louis CountySupreme Court of Missouri · 1865
- State ex rel. St. Louis Underground Service Co. v. MurphySupreme Court of Missouri · 1896
- Clark v. Adair CountySupreme Court of Missouri · 1883
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Horner v. City of AtchisonSupreme Court of Kansas · 1914
- Roy v. Kansas CityMissouri Court of Appeals · 1920
- Williams v. City of MexicoMissouri Court of Appeals · 1931
- Thayer v. City of St. JosephMissouri Court of Appeals · 1932
- Collins v. LeahySupreme Court of Missouri · 1941
5 more not listed; retrieve them via the Exa API.